Valid Reasons That Do Not Constitute Unfair Dismissal

Capability, competence, or qualifications

Dismissal due to poor performance or lack of required skills is lawful if handled properly.

Employee conduct

Inappropriate behaviour, policy breaches, or misconduct can justify dismissal.

Inability to legally continue the job

For instance, losing a driving license required by the role makes dismissal acceptable.

Redundancy

A genuine redundancy situation—where the role is legitimately no longer needed—does not equate to unfair dismissal.
(Note: While redundancy itself isn’t unfair, improper selection or inadequate redundancy procedures may still give rise to a claim.)

Other Statutory Exclusions

In addition to the reasons above, the Unfair Dismissals Act 1977 (and its amendments) excludes certain categories of dismissals from being immediately deemed unfair

Probationary dismissals

Dismissals during lawful strikes or lock‑outs

Key Insights

Even when a dismissal is based on a valid reason, the employer must follow fair and consistent procedures.
(Procedural fairness issues can still render a dismissal unfair, even for valid reasons.)

Employees must typically have at least 12 months of continuous employment (or no minimum service if dismissed for discriminatory reasons) to bring an unfair dismissal claim.

Summary Table

Reason for DismissalConsidered Unfair?

• Poor performance or lack of skills
• No (fair)Misconduct
• No (fair)Legal inability to perform essential duties
• No (fair)Genuine redundancy
• No (fair)Dismissal during probation/apprenticeship
• No (excluded)Participation in lawful strike/lock‑out

Under Irish law, you may bring a claim for unfair dismissal if you meet certain criteria:

Employment Status

You must be an employee under a contract of service—this includes those placed through agencies.

Continuous Service Requirement

Typically, you need at least 12 months’ continuous employment to file under the Unfair Dismissals Acts.

If you haven’t reached 12 months, you can still claim without delay if your dismissal was due to protected reasons such as:

• Protected disclosures
• Discrimination
• Trade union activity
• Pregnancy, maternity/paternity leave, other parental or carer’s rights
• Seeking enforcement of minimum wage rights

Time Limit for Filing

Your claim must be lodged with the Workplace Relations Commission (WRC) within 6 months of the dismissal date—this is the date your notice actually ended. The WRC may extend this up to 12 months in cases of “reasonable cause” for delay.

What Counts as Unfair Dismissal

Claims include dismissals for improper or discriminatory reasons, or those made without fair procedures.
The burden is on the employer to prove the dismissal was based on valid and fair grounds.

How to File Your Claim

Use the WRC’s online complaint form, including supporting documentation. Your case may go through mediation or directly to adjudication if no settlement is reached.

Summary: Can You Claim?

• Yes, if you are an employee and either have 12+ months’ service or fall under an exception.
• Yes, if you file within 6 months (or up to 12 with good reason).
• Yes, if there is substantive (no fair reason) or procedural (no fair process) unfairness.

Under Irish law, the following cannot bring a claim under the Unfair Dismissals Acts:

Who is Excluded from Unfair Dismissal Claims

• Under 16 or beyond normal retirement age (65) or otherwise not covered by the Redundancy Payments Acts due to age
• Working for a close relative in a private home or farm, with both living at that location
• Members of the Defence Forces
• Members of the Garda Síochána
• Those in full-time training or apprenticeship
• Officers of education and training boards, city/county managers, or the HSE Chief Executive
• Employees on fixed‑term or specified‑purpose contracts, if properly written and signed and including a clause excluding access to the Acts
• Employees working outside Ireland, unless domiciled or resident here during the contract, or the employer is resident here
• Statutory apprentices dismissed within 6 months of starting or within 1 month of completing their apprenticeship
• Employees on probation or training for up to 1 year (specified in writing), including those training as nurses or other health‑care professionals

But exceptions apply

Even if you're excluded under these categories, you can still bring a claim if your dismissal was due to:

• Pregnancy, maternity/paternity/parental/carer’s leave, breastfeeding, etc.
• Making a protected disclosure (whistleblowing)
• Force majeure leave

Moreover, those working in excluded categories may have recourse under other laws—notably discrimination or whistleblowing protections.

How to claim unfair dismissal under Irish law?

Step 1: Confirm Your Eligibility

You must be considered an employee under a contract of service, including those placed via agencies. You generally need at least 12 months’ continuous employment, unless dismissed for protected reasons (e.g. discrimination, protected disclosures, pregnancy, trade union activity).

Step 2: Mind the Time Limit

File a claim within 6 months from the date your notice expired. In rare cases, this may be extended up to 12 months if you can show a “reasonable cause” for delay.

Step 3: Submit Your Complaint to WRC

• Use the WRC e-Complaint Portal to submit your claim online.
• Alternatively, download and complete the Complaint Form, then submit online, by mail, or by email
• Include full details: your role, employment dates, dismissal date, and reasons supporting your claim.

Step 4: WRC Acknowledges and Initiates Process

WRC will acknowledge receipt and forward the complaint to your employer. The employer must provide a response within 21 days, stating their version of events and justification.

Step 5: Mediation (Optional)

The WRC may offer mediation to help both parties reach an agreement.
Participation is voluntary. If no resolution is reached, the process moves to adjudication — your decision if mediation is unsuitable.

Step 6: Adjudication Hearing

A WRC Adjudication Officer will hear the case, review evidence, and make a determination. Procedural fairness by the employer is crucial; failure to follow fair process can result in a finding of unfair dismissal.

Step 7: Remedies

If the dismissal is found to be unfair, the adjudicator can award one or more of the following:

• Reinstatement (return to your former role)
• Re-engagement in a similar role
• Compensation, up to 104 weeks’ pay (2 years), or up to 4 weeks if financial loss can't be established.

After the Decision

Either party may appeal to the Labour Court if dissatisfied with the adjudication outcome.

Quick Overview

StepAction1Confirm you're an eligible employee, with 12 months’ service or a protected dismissal2File within 6 months, or up to 12 with valid cause3Submit via WRC online portal or complaint form4WRC forwards your claim; employer responds5Attempt mediation (optional)6Attend adjudication hearing7WRC decision: reinstatement, re-engagement, or compensation

Once you've filed your unfair dismissal claim with the WRC, here's what happens next:

1. Acknowledgment & Case Allocation

The WRC confirms receipt of your complaint and assigns a reference number. It forwards a copy of your complaint to your employer

2. Employer’s Response

Your employer has 21 days to submit a formal response outlining their version of events and justification for dismissal. If they fail to respond on time, an adjudicating officer may draw adverse inferences from the silence.

3. Mediation (Optional)

WRC offers mediation to both parties, which could occur by phone, video call, or in person. Mediation is voluntary. If both parties agree, it may resolve the case without a formal hearing. If it fails or either side opts out, the case proceeds to formal adjudication.

4. Adjudication Hearing

A WRC Adjudication Officer hears the case, either in person or based on written submissions. ou'll have the chance to present your evidence, statements, and possibly call witnesses. The burden is on the employer to demonstrate a fair reason for dismissal and show that they followed proper procedures.

5. Decision & Remedies

The Officer issues a written decision, which may:

Order your reinstatement or re-engagement, or Award compensation, up to 104 weeks’ pay, or up to 4 weeks if financial loss isn't proven.

6. Appeals & Enforcement

Either party can appeal the WRC decision to the Labour Court if dissatisfied. Once final, the WRC’s decision is legally binding, and the officer can enforce compliance.

Here are the key documents and resources you’ll need when claiming unfair dismissal in Ireland:

WRC Complaint Form & Portal

WRC e-Complaint Portal – User Guide: Step-by-step instructions for completing and submitting your unfair dismissal complaint online. The WRC no longer accepts PDF complaint forms as of 1 June 2025—everything now goes through the portal.

Relevant WRC Forms

Complaint Forms page: Contains links to all applicable WRC forms, including the e-Complaint and other dispute types.

Background Guidance

Dismissal” overview on WRC site: Explains what constitutes unfair dismissal and employee rights under the Acts. Adjudication Process Explanation: Covers what happens after filing, including mediation, hearings, and appeals.

Evidence Preparation

Employment Matters Guide (Unfair Dismissal PDF): Contains guidance on deadlines, preparing your claim, and case examples. Citizens Information “Unfair Dismissal” page: Summarises legal definitions, eligibility, exceptions, and procedural steps.

Tips on Presenting a Strong Case

How to present a workplace complaint clearly: A practical 4-part method for structuring your claim: facts, impact, legal breach, and harm.

Remedies & Outcomes

WRC Remedies Table (PDF): Lists possible outcomes such as reinstatement, re‑engagement, and compensation, including limits.

Document Checklist for Your Claim

Here’s your downloadable checklist for documents required to claim unfair dismissal under Irish law:

• WRC e‑Complaint Portal form
• Employment contract & terms
• Dismissal letter/notice
• Proof of employment (payslips, P60/P45)
• Warnings or performance reviews
• Emails/letters about dismissal or grievances
• Any evidence of unfair treatment or discrimination
• Documentation of protected disclosures or relevant leave